Q. We provide our employees “non-FMLA” leave after they have worked for us for six months. They are given up to six weeks off during that time if it can be certified by a physician.  Since these employees are not eligible for FMLA leave at this point, can we credit the time they took off against their

wrong-addition.jpgQ. We employ an FLSA-exempt employee who has been certified for intermittent FMLA leave for migraine headaches.  He averages two to three intermittent absences per month.  Normally, I would calculate the employee’s total FMLA allotment as 480 FMLA hours (12 weeks x 40 hrs/wk), but he claims he should be entitled to 600 FMLA hours because

Earlier this month, Sen. Jon Tester (D-Mont.) introduced the Parental Bereavement Act (S. 1358), which would expand the Family and Medical Leave Act to provide job-protected leave due to the death of an employee’s son or daughter.  In a press release, Sen. Tester said he introduced the bill because the “last thing [parents] should be worrying about is whether

flood.jpgNatural disasters like the kind we recently have witnessed in the flood-ravaged areas of the southern United States raise a host of issues for employers.  Some wonder whether they are required to pay their employees during suspended operations; others are unsure whether and to what extent health benefits should be offered.  But what about an

newborn baseball.jpgHere’s a shout out to all the dads out there who have a leg up on major league baseball players in at least one area — paternity leave. 

Last week, National Public Radio reported that Texas Rangers pitcher Colby Lewis became Major League Baseball’s first player to exercise a new right under the parties’ collective bargaining

Does an employee have the right to take FMLA leave and be restored to the same or equivalent position even though the employer does not employ 50 employees and is not covered by the FMLA?  The answer may depend on the particular court hearing the case, as evidenced by a recent federal appellate court decision.  The Sixth Circuit Court of Appeals recently held that an employer is not precluded from arguing that its former employee was ineligible for FMLA leave even though the employer previously led the employee to believe he was eligible for FMLA leave and later provided such leave. Dobrowski v. Jay Dee Contractors (pdf).


Continue Reading Employer May Raise Defense that an Employee is Ineligible for FMLA Leave Even After Leave is Given